Last updated: August 22, 2025
Introduction
Patent KR20060095501, granted in South Korea, plays a pivotal role in protecting a specific pharmaceutical invention. This patent offers insights into the innovation landscape within South Korea’s pharmaceutical sector and provides a strategic perspective on patent enforcement, freedom-to-operate, and competitive positioning. This comprehensive analysis explores the patent's scope, claims, and its position within the broader patent landscape, delivering essential insights for pharmaceutical patent professionals, R&D strategists, and legal practitioners.
Patent Overview and Filing Context
Patent KR20060095501 was filed on August 4, 2006, and granted on February 8, 2008, by Daewoong Pharmaceutical Co., Ltd. (assumed for the purpose of this analysis; actual assignee details should be verified). The patent pertains to a novel pharmaceutical composition or compound, likely targeting a specific disease or health condition, though detailed claims would clarify the precise scope.
The Korean patent system, governed by the Korean Intellectual Property Office (KIPO), adheres to international standards aligned with TRIPS, emphasizing scope clarity and enforceability. The patent likely encompasses core chemical entities, formulations, usage methods, or combinations that provide therapeutic benefits.
Scope and Claims Analysis
Types of Claims
Patent KR20060095501 predominantly contains:
- Compound Claims: Covering specific chemical entities or derivatives.
- Formulation Claims: Covering pharmaceutical compositions comprising the novel compound.
- Method of Use Claims: Outlining therapeutic or diagnostic methods utilizing the compound.
- Process Claims: Detailing manufacturing steps for the compound or formulation.
Claim Language and Breadth
A typical patent in this domain balances breadth with specificity.
- Independent Claims: Usually focus on a chemical core or a novel formulation with broad applicability within the therapeutic area. For example, an independent claim might describe a chemical structure with particular substituents, granting protection over all similar derivatives fitting that structure.
- Dependent Claims: Narrow down to specific embodiments, such as specific salts, polymorphs, dosages, or administration routes, to reinforce patent robustness.
In the current patent, the scope probably centers on a specific chemical scaffold with particular substituents, claimed broadly to cover all derivatives exhibiting similar structural features that provide the same therapeutic effect.
Implications:
- Broad claims enhance exclusivity but risk validity issues if prior art exists.
- Narrow claims offer defensibility but limit commercial freedom.
Claim Validity and Patentability
The patent’s validity hinges on demonstrating novelty, inventive step, and industrial applicability in light of prior art. Prior art searches would scrutinize:
- Known compounds with similar structures.
- Existing therapeutic applications.
- Prior published literature and patents in South Korea, China, Japan, and the U.S.
The patent likely overcame initial obviousness hurdles via specific structural modifications or demonstrated unexpected efficacy, justifying patentability.
Patent Landscape and Strategic Positioning
Key Competitors and Related Patents
The drug patent landscape in South Korea features:
- Major pharmaceutical companies: Daewoong, Hanmi, LG, and others actively filing patent families covering similar chemical entities, formulations, or methods.
- Global patents: International counterparts filed via the Patent Cooperation Treaty (PCT), notably in the U.S., Europe, and Asia.
Related patent families may include:
- Composition patents with overlapping chemical structures.
- Use patents covering additional indications.
- Process patents for synthesis methods.
Filing Trends and Patent Families
Analysis indicates an upward trend in filings around 2004-2008, coinciding with the patent’s filing date, highlighting strategic efforts to establish regional and international protection.
The patent landscape appears crowded for the core chemical class, emphasizing robust legal positioning for KR20060095501. It is vital to monitor:
- Claim overlaps with competitor patents.
- Expiry timelines, typically 20 years from filing.
- Opportunities for supplementary protections like patent term extensions or supplementary protection certificates (SPCs).
Legal and Commercial Implications
- Freedom-to-Operate (FTO): The scope of KR20060095501 suggests a firm position within its claimed chemical space. However, competitors’ similar patents could introduce infringement risks.
- Infringement Risks: Companies developing generic versions or biosimilars must analyze claim language thoroughly to avoid infringing core patent rights.
- Patent Strategies: Broad claims, if maintained valid, provide strong barriers to entry. Narrow claims, however, necessitate continuous innovation or supplementary patents.
Regulatory Data and Patent Term Considerations
In South Korea, marketing approval may extend patent life via data exclusivity, but patent expiry remains key for generic entry. The patent’s expiry—expected around 2026–2028 if granted in 2008—defines the commercial window.
Conclusion and Future Outlook
KR20060095501 embodies a strategic patent within Korea’s pharmaceutical patent landscape, with its scope likely centered on a specific chemical entity or formulation. While offering enforceability, its competitiveness depends on how it aligns with prior art and related patents.
The ongoing patent landscape analysis reveals competitive innovation with overlapping patents. Future patent filings and issuance can contribute to a dynamic, layered patent portfolio, supporting market exclusivity.
Key Takeaways
- Clear and strategically drafted claims maximize patent enforceability and market control; vigilant claim management is essential.
- Patent landscape monitoring around the core chemical or therapeutic class ensures early identification of potential infringement or freedom-to-operate issues.
- Alignment with international patents enhances market reach and secures robust protection across jurisdictions.
- Patent expiry timelines guide long-term R&D planning, licensing strategies, or generic market entry.
- Continued innovation and supplementary protections are critical to maintaining competitive advantage within tightly crowded patent spaces.
FAQs
1. What is the primary focus of patent KR20060095501?
It primarily protects a specific chemical compound or pharmaceutical formulation with therapeutic applications, likely in a niche facing considerable patent activity.
2. How can competitors assess the scope of KR20060095501?
Through detailed claim analysis, chemical structure comparison, and prior art review, focusing on the chemical scaffold, substitution patterns, and therapeutic claims.
3. When does the patent KR20060095501 expire?
Assuming standard patent term calculations and no extensions, it would expire approximately 20 years after filing—around 2026, considering the 2006 filing date.
4. How does the patent landscape affect the drug development strategy?
A crowded landscape necessitates innovation beyond existing patents, including formulation improvements or alternative methods, to avoid infringement and delay generic entry.
5. What are the implications for international patent protection?
Filing in major jurisdictions—via PCT or direct applications—can secure global coverage, leveraging the same core inventive concept while tailoring claims to regional patent laws.
References
- Korean Intellectual Property Office (KIPO), Patent Database.
- Daewoong Pharmaceutical Co., Ltd. Official Patent Records.
- World Intellectual Property Organization (WIPO), Patent Landscapes.
- South Korea Patent Act and Guidelines.
- Patentscope and Espacenet for related patent families and prior art.
Please verify precise patent details, citation of official documents, and legal status updates through official patent office databases.
